Pennsylvania DUI Defense Attorney, David M. Manilla, Esquire
| Firm Name: | THE LAW OFFICES OF DAVID MANILLA |
| Address: | 2060 Valley Forge Road Worcester, Pennsylvnia 19490 |
| Office #: | 1-800-DUI-LAWS (1-800-384-5297) |
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Pennsylvania Point System
PennDOT maintains a driving record for every licensed driver in Pennsylvania. Points are added to a driving record when a driver is found guilty of certain moving violations. Any driver who has accumulated excessive points and is worried about his or her license can contact defense lawyer David M. Manilla. David belongs to 1800DUILaws.com, a nationwide network of top legal professionals dedicated to protecting the rights of drivers.
The purpose of the point system is to help improve driving habits and to ensure safe driving. PennDOT begins to take corrective actions when a driving record reaches six or more points. The following sections explain what happens when a driving record reaches six points or more.
When any driver reaches six or more points for the first time, the motorist will receive a written notice to take a special written point examination. The examination will address knowledge of safe driving practices, departmental sanctions, and knowledge of related safety issues.
The driver has 30 days to successfully pass the exam or else the license will be suspended until the exam is passed. If the exam is passed within the 30-day period, two points will be removed from the driving record.
When any driver accumulates six points for a second time, the driver will have to attend a departmental hearing. Failure to attend this departmental hearing will result in a 60 day license suspension. The driver will receive a written notice of the specific time and location of the required hearing. At the hearing, a hearing examiner will review the driver’s record. After the hearing, the department may order a 15 day license suspension, direct the driver to take a special on-road driver’s examination, or take no action.
If a person’s driving privilege is suspended or a special driver’s license exam is recommended, two points will be removed from the driving record if the driver passes the exam within 30 days or once the 15-day suspension has been served. No points are removed from the driving record if the Department does not initiate a sanction.
If a 15-day suspension is initiated, the driving record will show five points upon restoration. No points are removed if a special driver’s examination is initiated and completed.
Any driver who accumulates six or more points for a third or subsequent time will have to attend a departmental hearing. The hearing examiner will review the driving record. The department will then determine if a 30-day license suspension will be initiated. Failure to attend this departmental hearing will result in the suspension of the driver’s license until the driver attends the hearing.
A driver who accumulates 11 or more points will have his or her license automatically suspended. The length of suspension depends on how many times the license was suspended in the past. The suspension schedule is as follows:
- First Suspension – 5 days per point
- Second Suspension – 10 days per point
- Third Suspension – 15 days per point
- Subsequent Suspensions – One year
The driving privilege of a person under the age of 18 will be suspended if that person accumulates six or more points or is convicted of driving 26 miles per hour or more over the posted speed limit. The first suspension will be for a period of 90 days. Any additional occurrences will result in a suspension of 120 days. This suspension is in addition to the penalties of exceeding the point system meted out to drivers 18 or older.
Three points will be removed from a driver’s record for every 12 consecutive months a person drives from the date of the last citation without a violation which results in points, license suspension or revocation. Once a driving record is reduced to zero and remains at zero for 12 consecutive months, any further accumulation of points is treated as the first accumulation of points.
A driver whose license is being suspended will receive a written notice advising of the dates of suspension. The driver may appeal the suspension to his or her county’s Court of Common Pleas. The appeal must be made within thirty days of the mailing date of the notice. The most recent product license, permit and/or camera card must be returned to the Bureau of Driver Licensing by the effective date of the suspension listed on the notice or the state police, local police or other authorities that have been delegated by the department will be notified to pick up the license.
In addition to serving the suspension or revocation, the appropriate revocation fee must be paid before the license will be returned. After the driving privilege is restored, the driving record will show five points, regardless of the number of points which appeared on the record before the license was suspended (except in the case of a 15-day suspension resulting from a hearing for the second accumulation of six points).
Within 15 days of change of name or address, a driver is required by law to notify the Bureau of Driver Licensing in writing. Any questions about a driving record or the Pennsylvania Point System in general can be directed to one of the following numbers:
In State: 1-800-932-4600
Out-of-State: 1-717-391-6190
TDD in State: 1-800-228-0676
TDD Out-of-State: 1-717-391-6191
Having a qualified attorney at the driver’s side during a PennDot departmental hearing can greatly increase the chances of a favorable outcome if the driver has accumulated too many points on the record. Defense lawyer David M. Manilla is a member of 1800DUILaws.com, a national association of skilled attorneys who fight for the rights of drivers. Contact him today for a free consultation.
The following schedule indicates the violations and the number of points given for committing each violation:
| VEHICLE CODE | NUMBER OF POINTS | DESCRIPTION |
| 1512 | 2 | Violation of restriction on driver’s license |
| 1571 | 3 | Violation concerning license |
| 3102 | 2 | Failure to obey police or authorized person |
| 3112(a)(3)(i) or (ii) | 3 | Failure to stop for a red light |
| 3114(a)(1) | 3 | Failure to stop for a flashing red light |
| 3302 | 3 | Failure to yield half of roadway to oncoming vehicle |
| 3303 | 3 | Improper passing, overtaken driver to maintain speed passing driver to pull in at safe distance |
| 3304 | 3 | Improper passing on the right |
| 3305 | 3 | Improper passing on the left, clear distance ahead |
| 3306 (a)(1) | 4 | Improper passing on a hill |
| 3306 (a)(2) | 3 | Improper passing at a railroad crossing or intersection |
| 3306 (a)(3) | 3 | Improper passing at a bridge or tunnel |
| 3307 | 3 | Improper passing in a no passing zone |
| 3310 | 3 | Following too closely |
| 3321 | 3 | Failure to yield to driver on the right at intersection |
| 3322 | 3 | Failure to yield to oncoming driver when making left turn |
| 3323(b) | 3 | Failure to stop for stop sign |
| 3323(c) | 3 | Failure to yield at yield sign |
| 3324 | 3 | Failure to yield when entering or crossing roadway between intersections |
| 3332 | 3 | Improper turning around illegal U-turns |
| 3341(a) | 2 | Failure to obey signal indicating approach of train |
| 3341(b) | 4 | Failure to comply with crossing gate or barrier 30-day suspension |
| 3342(b) or (e) | 4 | Failure to stop at railroad crossings |
| 3344 | 3 | Failure to stop when entering from alley, driveway or building |
| 3345(a) | 5 | Failure to stop for school bus with red flashing lights 60-day suspension |
| 3361 | 2 | Driving too fast for conditions |
| 3362 | --- | Exceeding maximum speed |
| Miles over Speed Limit | ||
| 6 to 10 mph |
2 points | |
| 11 to 15 mph | 3 points | |
| 16 to 25 mph | 4 points | |
| 26 to 30 mph | 5 points | |
| 31 mph or greater | 5 points | and departmental hearing and sanctions under section 1538(d) |
| 3365(b) | 3 | Exceeding special speed limit in school zone |
| 3365(c) | 3 | Exceeding special speed limit for trucks on downgrades |
| 3542(a) | 2 | Failure to yield to pedestrian in cross walk |
| 3547 | 3 | Failure to yield to pedestrian on sidewalk when entering from driveway or alley |
| 3549(a) | 3 | Failure to yield to blind pedestrians |
| 3702 | 3 | Improper backing |
| 3714 | 3 | Careless driving |
| 3745 | 4 | Leaving scene of accident involving property damage only |
For a free consultation of your DUI case, contact Pennsylvania DUI / DAI defense lawyer David M. Manilla by calling 1.800.DUI.LAWS.